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Delaware high court says First Amendment covers Internet postings.

Publication: Trial
Publication Date: 01-JAN-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Calling anonymous Internet speech "the modern equivalent of political pamphleteering," the Delaware Supreme Court has ruled that an Internet service provider (ISP) does not have to reveal the name of a person who used the service to post anonymous criticism of a local politician on a Web site. (Doe v. Cahill 884A.2d 451 (Del. 2005).)

Paul Alan Levy, a lawyer with Public Citizen Litigation Group who represented the anonymous poster, said the ruling "is extremely significant because this is the first state supreme court to squarely decide which standards should govern John Doe subpoena cases."

The opinion rests on a staunch endorsement of free speech rights and says any attempt to bypass the First...

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